ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Misc. Appln. No.S- 314 of 2018
Priority
case
1.
For orders on office objection at flag ‘A’
2.
For orders on MA No.5707/2018
3.
For hearing of main case
4.
For hearing of MA No.2298/2018 (S/A)
21.01.2019
Mr. Shewak Ram Valeecha Advocate for
the applicant
Mr. Ayaz Ahmed Noonari Advocate for
respondent No.2
Syed Sardar Ali Shah, DPG for the State
>>>>>>>…<<<<<<<<
Irshad Ali Shah, J;- The
applicant by way of instant criminal miscellaneous application under Section
561-A, Cr.P.C has impugned order dated 14.04.2018 passed
by learned Ex-Officio Justice of Peace/Vth.
Additional Sessions Judge Sukkur, on application
under Section 22-A and B Cr.P.C, whereby he has
directed SHO Police Station Airport to record statement of the private
respondent u/s 154 Cr.P.C
2. The
operative part of the impugned order reads as under;
“I therefore direct the applicant to appear before the
concerned police station for recording the statement u/s 154 Cr.P.C. SHO P.S concerned is further directed that after
recording the statement u/s 154 Cr.P.C, if the
cognizable offence is made out then the action should be taken in accordance
with law.”
3. The facts in brief necessary for
disposal of instant criminal miscellaneous application are that as per the
private respondent the proposed accused by committing trespass in her house
robbed her of her belonging as are detailed in her application by way of
maltreatment and then went away by committing criminal intimidation and
mischief, for that her FIR was not recorded by SHO P.S Airport, therefore, she
sought for direction against SHO P.S Airport for recording her FIR, which was
issued accordingly by way of order dated 14.4.2018 which the applicant has
impugned before this Court by way of instant criminal miscellaneous
application, as stated above.
4. It is contended by learned counsel for
the applicant that no incident as alleged by the private respondent has taken
place and she in order to satisfy her enmity with applicant and others has
sought for issuance of direction against SHO P.S Airport to record her FIR
without any lawful justification. By contending so, he sought for setting aside
of the impugned order.
5. Learned counsel for the private
respondent and learned AAG for the State by supporting the impugned order have
sought for dismissal of the instant criminal miscellaneous application by
contending that the applicant has committed a cognizable offence.
6. I have considered the above arguments
and perused the record.
7. The allegation which is levelled by private respondent against the applicant and
others is that of robbery by way of maltreatment which constitutes a cognizable
offence. The parties may be disputed but such dispute may not be a reason with
the private respondent to involve the applicant and others in a false case. In
that situation, learned Ex-Officio Justice of Peace/Vth.
Additional Sessions Judge Sukkur was right to order
SHO P.S Airport to record statement of private respondent u/s 154 Cr.P.C, if the applicant is having a feeling that he is
being involved in a false case by the private respondent then he could prove
his innocence by joining the investigation.
8. In view of above, it could be concluded
safely that impugned order is not calling for any interference by this Court by
way of instant criminal miscellaneous application. It is dismissed accordingly.
Judge
ARBROHI